Venetian loses appeals round in liens case

Tuesday, April 1, 2003 | 11:16 a.m.

CARSON CITY -- The Nevada Supreme Court on Monday dismissed appeals of The Venetian Casino Resort in Las Vegas and its insurance company involving liens totaling millions of dollars sought by four subcontractors.

The court said an appeal is allowed only when there is a final judgment in the district court. And in this case there are a multitude of claims still pending before District Judge James Brennan in Clark County.

Brennan had agreed with a special hearing officer that TRM Corp., through Superior Tile Co., did the marble work at the Venetian and had a $1.1 million claim. The Venetian is disputing that lien.

The judge said Capitol Builders Hardware installed the doors and was due $2.2 million. The main contractor Lehrer McGovern Bovis Inc. paid Capitol Builders $1.9 million and apparently took over the lien, which is being contested by the Venetian.

The $300,000 extra remains in a fund while other issues are debated in the district court. The Venetian and Harris-Arizona Rebar Inc. reached a settlement for $2.2 million with a condition that the hotel casino could appeal certain aspects of the agreement to the Supreme Court, which it did.

A dispute over cost arose during construction between the Venetian and Lehrer McGovern Bovis and about 100 subcontractors. Mechanics' liens, estimated at $300 million, were filed against the property and the case ended up in court.

This is at least the second time the contest has been before the Supreme Court. Venetian was joined in its appeal by Frontier Insurance Co. The Supreme Court said that the orders signed by Brennan do not constitute a final judgment in the case.

"A final judgment disposes of all issues presented in the case and leaves nothing for the (district) court's future consideration, except for issues like attorney fees and costs," said the Supreme Court.

The court said, "Here there are issue-generating claims pending below in each case," referring to claims by Superior Tile, structural steel contractor Herrick Corp. and Capitol Builders.

"Further, the number of unadjudicated claims extends far beyond these three cases to include all claims asserted in the consolidated lawsuits against appellants (Venetian and Frontier)."